Patna High CourtCR. MISC./7025/2015disposed

Chandan Shahi v. State Of Bihar And ANR

2015-02-23Mr. Justice Hemant Kumar Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7025 of 2015 Arising Out of PS.Case No. -1085 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Chandan Shahi Son of Upendra Shahi resident of village - Kamtaul, P.S. - Kudhani, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anshu Kumari @ Ranjana Kumari Wife of Chandan Shahi Daughter of Ram Padarth Singh resident of Village - Phuladh, P.S. - Paroo, District - Muzaffarpur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. Rajendra Nath Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 1085 of 2013 registered for the offences punishable under Section 498A of the Indian Penal Code. Petitioner happens to be husband of the complainant and it is specific stand of the petitioner that he is still ready to keep the complainant with full honour and dignity but it is complainant who does not want to lead her conjugal life with the petitioner. In view of the aforesaid submission this petition stands

Patna High Court Cr.Misc. No.7025 of 2015 (2) dt.23-02-2015 2/3 disposed of with direction to the petitioner to surrender and seek regular bail before the court of Sri Sanjeev Kumar Singh Judicial Magistrate,1st class, Muzaffarpur in connection with Complaint Case No. 1085 of 2013 within six weeks from today and, if, petitioner does so, the concerned court shall release the petitioner on provisional bail for the period of six months on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the concerned court and after releasing the petitioner, the concerned court shall issue notice to the petitioner as well as opposite party no.

2 fixing date for conciliation and shall take all possible steps to patch up the dispute of the parties within six months from the date of issuance of the above stated notice. It goes without saying that if the concerned court succeeds in his attempt, the provisional bail granted to the petitioner shall be confirmed by the concerned court itself, but if the concerned court fails in his attempt, due to rigid and non co-operative approach of the petitioner, the provisional bail granted to him shall not be confirmed by the concerned court and in that event petitioner shall be taken into custody by the concerned court.

Patna High Court Cr.Misc. No.7025 of 2015 (2) dt.23-02-2015 3/3 to non co-operation and rigid approach of the opposite party no. 2, the concerned court shall confirm the provisional bail granted to the petitioner.

(Hemant Kumar Srivastava, J) Namita/- U